LEGAL GUIDE · ENGLAND & WALES
Injured in a road traffic accident? Understand your rights, what to do at the scene, and how to claim the compensation you are entitled to — explained clearly by NJS Law.
Road traffic accidents happen suddenly. One moment you are driving to work, collecting children, cycling home, or crossing the road — the next, your life may feel disrupted by injury, vehicle damage, insurance complications, and uncertainty. A road traffic accident claim is not about confrontation. It is about accountability, rehabilitation, and ensuring you are not left to carry the consequences of someone else’s negligence alone.
Although RTA claims fall under the broader framework of personal injury law, they involve distinct legal rules, compulsory insurance requirements, whiplash tariff regulations, and structured pre-action protocols that set them apart from other claim types.
NJS Law handles road traffic accident claims for all road users. Each category involves distinct evidential and legal considerations:
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Your safety and wellbeing always come first. Legal considerations can wait. However, the actions taken in the immediate aftermath of a collision can significantly affect both your health and the strength of any future road traffic accident claim.
You are legally required to exchange your name and address, vehicle registration, and insurance details if requested. If the other driver refuses to exchange details or leaves the scene, report the matter to the police as soon as possible — ideally within 24 hours. A police reference number serves as important independent evidence.
Contact police if: there are serious injuries, a driver appears intoxicated, someone leaves the scene, there is aggressive behaviour, or the road is obstructed and unsafe. The police report and reference number can be vital evidence in a disputed claim.
Your health is the priority. However, prompt medical assessment also creates essential documentation for your road traffic accident claim. Medical records often become the central evidence — establishing when symptoms were first reported, how injuries were described, and how recovery has progressed.
Attend A&E or call 999 immediately for: head injury, loss of consciousness, confusion or memory gaps, severe neck or spinal pain, suspected fractures, chest or abdominal pain, or neurological symptoms such as dizziness or weakness. For less urgent but ongoing symptoms, book a GP appointment as soon as possible and ensure the collision is explicitly recorded in your notes.
It is extremely common to feel “shaken but fine” at the scene, only to develop significant symptoms in the days that follow. Many RTA injuries develop gradually, including:
⏰ Delayed symptoms do not invalidate your claim.
Provided medical evidence links the symptoms to the original accident, late-presenting injuries are fully claimable. Seek medical advice promptly and ensure the link to the collision is recorded in your notes.
Medical records often become the central evidence in a road traffic accident claim.
Seek treatment promptly and describe symptoms accurately.
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You are not expected to investigate your own case or build a legal file. However, evidence already within your reach can significantly strengthen a road traffic accident claim. NJS Law will gather further documentation once instructed — your role is simply to preserve what you have.
Photographs taken shortly after a collision are often more persuasive than later reconstructions. Capture: vehicle damage from multiple angles, road layout and markings, skid marks or tyre marks, traffic light positioning, weather and visibility conditions, debris indicating the point of impact, and any visible injuries. Take serial photographs over subsequent days to show progression of bruising or swelling.
Liability disputes in road traffic accident claims are increasingly resolved through dashcam footage, nearby CCTV, bus cameras, and commercial vehicle cameras. CCTV recordings are often overwritten within days — if you believe footage exists, contact the relevant operator immediately to request preservation. Independent witnesses are often decisive, particularly in junction collisions, lane change disputes, and pedestrian crossing incidents. Obtain contact details at the scene where possible.
Repair assessments from independent engineers can reveal the speed at impact, angle of collision, and whether the damage pattern is consistent with the account given. These reports are particularly valuable in disputed RTA cases where the other driver denies fault or misrepresents what occurred.
Often caused by driving too close, failing to anticipate slowing traffic, or driver distraction including mobile phone use.
Entering a roundabout when unsafe, pulling out from a side road without checking, or ignoring a give way line.
Disregarding traffic signals, pedestrian crossings, or stop signs is a clear breach of road safety rules.
Driving above the speed limit or too fast for conditions reduces reaction time and increases injury severity in a collision.
Distraction significantly impairs concentration, awareness, and reaction time — a serious and common cause of collisions.
Impaired drivers present a serious danger to all other road users and are unambiguously negligent.
Overtaking on bends, near junctions, or without sufficient space creates head-on collision risk.
In some cases, responsibility is shared between both parties. This is known as contributory negligence or split liability. Compensation may be reduced proportionally — for example, 75/25 or 50/50 — but a claim can still be brought and may still recover a substantial portion of your losses. NJS Law will advise clearly on how split liability applies to your specific circumstances.
If the at-fault driver has no insurance or cannot be traced after a hit-and-run incident, a claim may be brought through the Motor Insurers’ Bureau (MIB). MIB claims follow different procedural rules but remain a fully viable route to compensation. NJS Law handles MIB claims alongside all other types of road traffic accident compensation claims.
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Time limits in road traffic accident claims are governed by the Limitation Act 1980. Missing a deadline can mean permanently losing your right to claim compensation — even where the claim would otherwise have succeeded. Early legal advice protects your position.
In most adult RTA claims, court proceedings must be issued within three years of the date of the accident, or the “date of knowledge” — the point at which you first became aware (or reasonably ought to have become aware) that the injury was connected to the collision. This is particularly relevant in cases where spinal injuries or psychological symptoms only become apparent weeks or months after the accident.
3 years from the date of accident or date of knowledge. Seek advice promptly — evidence deteriorates quickly.
The 3-year period does not begin until the child's 18th birthday — they therefore usually have until their 21st birthday to issue proceedings.
Where the injured person lacks mental capacity, the limitation period may be suspended indefinitely until capacity is regained.
Under the Fatal Accidents Act 1976, the 3-year period runs from the date of death. Claims may include bereavement damages, loss of dependency, and funeral expenses.
Even though three years may seem like a long time, delaying action weakens a claim in practical ways:
⚠️ Do not wait.
Court discretion under Section 33 of the Limitation Act exists in rare exceptional circumstances, but cannot be relied upon as a safety net.
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Once you instruct NJS Law, we take full responsibility for progressing your road traffic accident claim on your behalf. You do not need to deal with the other driver, their insurer, or any legal paperwork. Your role is simply to explain what happened.
During your first conversation with NJS Law, your solicitor will ask about how the accident occurred, the nature and progression of your injuries, and any documents or evidence already available. This consultation is confidential and does not commit you to pursuing a claim. Many clients simply want clarity — to understand whether what happened to them was avoidable and what options exist.
Photographs, accident reports, witness details, dashcam footage, and all documentation already obtained.
To establish a clear contemporaneous history of symptoms, treatment, and recovery progress.
Ensuring the claim is directed to the appropriate party without delay — including MIB where necessary.
Setting out the circumstances of the accident, the injuries sustained, and the legal basis for the claim.
Handling liability responses, evidence requests, and negotiations entirely on your behalf.
Explaining each stage clearly, ensuring all key decisions remain firmly in your control.
Read what our clients say about working with NJS Law on our reviews page, or learn more about our team and approach.
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Most road traffic accident claims are funded under a No Win No Fee agreement (Conditional Fee Agreement). This means you can pursue your claim without any financial risk or upfront legal costs.
NJS Law explains all funding terms clearly before you proceed — there are no hidden costs and no surprises.
In most road traffic accident claims, an independent medical expert will assess your injuries. This evidence determines the value of your claim. In serious injury cases, multiple specialist experts across orthopaedic, neurological, and psychiatric disciplines may be required.
Certain low-value whiplash injuries in road traffic accidents fall under statutory tariff compensation rules introduced by the Civil Liability Act 2018. However, the tariff does not apply to more serious injuries, and several important points remain:
| Category | What It Covers | Examples |
|---|---|---|
| General Damages | Pain, suffering, and loss of amenity | Physical pain, psychological distress, inability to pursue activities |
| Special Damages | Financial losses — past and future | Lost earnings, treatment costs, care, travel, vehicle-related losses |
| Future Losses | Ongoing consequences — key in serious injury cases | Future earnings, rehabilitation, long-term care, specialist equipment |
Compensation is assessed by reference to Judicial College Guidelines, previous case law, medical prognosis, and documented financial losses. Each claim is evaluated individually — no two cases produce the same outcome.
NJS Law clients consistently rate us 5 stars for communication, transparency, and results in road traffic accident claims.
Where liability is admitted early, interim payments may be secured before the claim concludes. This is especially important in serious injury cases where rehabilitation costs arise quickly and financial pressure mounts while recovery is ongoing.
Early rehabilitation significantly improves long-term outcomes in road traffic accident claims.
NJS Law actively pursues interim payments where liability is admitted, rather than waiting for final settlement to fund treatment.
In most road traffic accident claims, settlement discussions take place once medical evidence and financial losses have been fully assessed. NJS Law will advise on the fairness of any offers made and whether further negotiation is appropriate — you will never be pressured to accept an offer you are not satisfied with.
12–18 months
Clear liability, whiplash or soft-tissue injuries, predictable recovery. Many standard RTA claims resolve within this timeframe.
2-3+ Years
Disputed liability, ongoing treatment, serious injuries, or long-term prognosis issues requiring full expert assessment.
Very rarely. The vast majority of road traffic accident claims settle through negotiation without any court attendance. Court proceedings become necessary only where liability remains firmly disputed, settlement offers are unreasonable, or limitation deadlines approach without resolution. Even then, most cases settle before trial. If court attendance is required, NJS Law will fully prepare and support you throughout. Learn more about how we work and our track record.
Yes. Passengers are usually entitled to bring a road traffic accident claim if injured due to any driver’s negligence. The claim is made against the at-fault driver’s insurer — not the driver personally. Even if the driver was a friend or family member, compensation is paid by the insurer, not the individual.
Yes. This is known as contributory negligence or split liability. Compensation may be reduced to reflect your share of responsibility — for example 75/25 or 50/50 — but you may still recover a substantial portion of your losses. If you were an innocent passenger, the full value of your claim is unaffected by any fault between the two drivers.
Yes. Cyclists are considered vulnerable road users and may bring claims where drivers fail to give way, overtake unsafely, open car doors into their path, or collide with them at junctions. Cyclists are not required to hold insurance to pursue compensation.
Yes. Pedestrians injured by negligent drivers can bring claims for collisions while crossing the road, impacts on pavements, reversing vehicle incidents, and even hit-and-run accidents where the driver initially leaves the scene — via the Motor Insurers’ Bureau.
Motorcyclists often suffer more serious injuries due to their lack of physical protection. Claims may involve orthopaedic injuries, head injuries, road rash, and long-term disability. Specialist medical evidence is often required to assess the full impact, and NJS Law instructs appropriate experts accordingly.
Yes. You do not need a physical injury to bring a road traffic accident claim. Recognised psychological injuries — including travel anxiety, PTSD, depression, and adjustment disorder — supported by medical evidence from a psychiatrist or psychologist, are fully claimable.
Claims can be brought through the Motor Insurers’ Bureau (MIB). Different procedural rules apply, but compensation may still be recovered. NJS Law handles MIB claims alongside all other types of road traffic accident compensation claims.
A denial does not prevent a claim. Liability can be established through witness evidence, dashcam footage, accident reconstruction, vehicle damage analysis, and police reports. Many disputed cases settle once the evidence is thoroughly reviewed by insurers.
Yes. Compensation may include past lost wages, overtime, missed bonuses, and future loss of earning capacity. Self-employed individuals can claim for loss of business income, cancelled contracts, and reduced turnover — supported by accounts, invoices, and tax records.
Yes. Property damage and personal injury claims can run alongside each other. Vehicle repair costs, hire vehicle charges, and related vehicle losses form part of your overall road traffic accident claim.
A No Win No Fee agreement means no upfront legal costs, no fees if the claim does not succeed, and a capped deduction from your compensation only if you win. NJS Law explains all terms clearly before you proceed.
Once settlement is agreed, payment is usually made within a few weeks. Funds are transferred directly to you, with all deductions applied transparently. Read our client reviews for first-hand accounts of the process..
No. Claims are handled between insurers and solicitors. The process is formal and structured. Personal confrontation is not required — NJS Law manages all correspondence on your behalf throughout.
NJS Law specialises in all types of road traffic accident claims — from standard whiplash and soft-tissue cases to complex disputed liability and serious injury claims. We operate on a No Win No Fee basis, provide honest advice from day one, and are independently rated by our clients. Learn more about NJS Law or read our reviews.
A confidential conversation with NJS Law costs nothing and commits you to nothing.
We will tell you honestly whether you have a claim worth pursuing – and handle everything on your behalf if you choose to proceed.
This guide is provided for general information purposes only and does not constitute legal advice. Road traffic accident law applies to England and Wales. For advice specific to your circumstances, please contact NJS Law directly.
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